Wisconsin Assembly and Senate ban recording devices
Post by Jesse Russell on 3/8/2011 10:00am
New rules are out this morning regarding what isn't allowed in the galleries of the State Assembly and Senate. Included in the banned items for both galleries is an increased crackdown on recording devices being used by the general public.
In the Senate: "Cell phones and pagers must be turned off, no photography (video or still) or sound recordings allowed."
In the Assembly: "video cameras, still cameras."
The list below is from the Cap Times.
The Senate gallery rules, established by the body for the 2011-12 legislative session, include:
— Visitors must be seated and quiet at all times, with no leaning over the balcony or putting anything (such as signs) over the balcony.
— No signs or public displays, reading of books or newspapers, tobacco products, or food and beverages.
— Cell phones and pagers must be turned off, no photography (video or still) or sound recordings allowed.
— No backpacks or large bags.
In the Assembly Gallery, in accordance with Assembly Rule 26, the following is not allowed:
— Eating, drinking, smoking, talking, use of mobile phones, laptop computers, video cameras, still cameras, newspapers, bags, briefcases, signs, posters, placards, or hats.
— There will be no leaning over railings or sitting in the aisles.
— Any outbursts, such as clapping, cheering, jeering or stomping.
EDIT: Added "being used by the general public" at 10:55 a.m. March 8, 2011 to clarify that this does not apply to media
(Image from StrictlyProhibited.com)
Jesse Russell
Co-Editor
Jesse was born and raised in Connecticut, began blogging in 1997, and moved to Madison in 2003. In 2005, he co-founded dane101 along with Kristian Knutson and Shane Wealti. In addition to helping nearly a dozen contributors run this website he's helped launch various events in the city including What's Your Damage?!, the MadPubQuiz of Awesomeness, the Fire Ball Masquerade, Dane101's Freakin' Halloweekend, and more.
Questions
Submitted by thechrisproject on Tue, 2011-03-08 11:28.
What did the rules look like before this? Who is allowed in the gallery? Can news still cover sessions, or could they before?
Previous Assembly Rule
Submitted by Jesse Russell on Tue, 2011-03-08 11:42.
Assembly Rule 26 (1)
(1) The presiding officer shall preserve order, decorum, and quiet on and about the assembly floor during sessions.
Assembly Rule 26 (2)
(2) While the presiding officer is addressing the assembly or submitting a question, a member may not cross or leave the floor. While a member is speaking, a member may not walk between the speaking member and the presiding officer.
Assembly Rule 26 (3)
(3) A person may not read any printed newspaper on the assembly floor or in the visitor galleries while the assembly is in session.
Assembly Rule 26 (4)
(4) A person may not consume food on the assembly floor or in the visitor galleries.
Assembly Rule 26 (5)
(5) A person may not smoke on the assembly floor or in the visitor galleries.
Assembly Rule 26 (6)
(6)
Assembly Rule 26 (6) (a)
(a) Except as provided in par. (b), a person may not use a 2-way mobile radio service, such as a personal communications service, or a 2-way mobile radio device, such as a cellular telephone, in the assembly chamber, other than in the offices of the speaker, majority leader, and minority leader, and in hallways.
Assembly Rule 26 (6) (b)
(b) Paragraph (a) does not apply to:
Assembly Rule 26 (6) (b) 1.
1. A member of the capitol police or a law enforcement officer.
Assembly Rule 26 (6) (b) 2.
2. The assembly sergeant at arms or a person acting at his or her direction.
Assembly Rule 26 (6) (b) 3.
3. A person authorized by motion of the speaker adopted by majority vote of the members present and voting.
Assembly Rule 26 (6) (b) 4.
4. The assembly chief clerk or a person acting at his or her direction.
Assembly Rule 26 (6) (b) 5.
5. A member in the parlor or lobbies.
Assembly Rule 26 (7)
(7) A person, other than a person specified in rule 25 (3), may not possess or use in the assembly chamber a microphone designed to pick up conversation more than 10 feet away from the microphone.
[(5) am. 1991 A.Res. 2]
[(4) and (5) am. 1995 A.Res. 2]
[(6) and (7) cr. 1997 A.Res. 2]
[(3) am. 1999 A.Res. 3]
[(6)(a) am.; (6)(b) 4. and 5. cr. 2001 A.Res. 3]
Thanks
Submitted by thechrisproject on Tue, 2011-03-08 11:50.
Seems like (7) from the old rules would have prohibited most modern cell phones. So is the intent to keep people in the galley from being able to surreptitiously record lawmakers having private conversations? Or to maintain a tighter control on letting people know what happens in session?
Changes
Submitted by Jesse Russell on Tue, 2011-03-08 11:57.
I think the concern is recording private conversations.
The only major change I see is the banning of video. Photography was banned before, which is surprising. I can understand a ban on flash photography.
It's interesting that the
Submitted by a_guy_named_joe on Tue, 2011-03-08 21:46.
It's interesting that the provision states "...a microphone designed to pick up conversation more than 10 feet away from the microphone..." is banned, because a microphone is not a receiver. Technically, a receiver and anything else that records the audio ISN'T banned, only microphones. That rule also may not exempt video recorders, because in this circumstance the video cameras are receivers-they don't immediately re-broadcast what it receives, they only record it.
There are ways around the rule providing you remotely record from what is commonly called a police scanner (aka a communications receiver), set to the frequency of the audio on the assembly floor, because a communications receiver/police scanner doesn't have a microphone. None. Zip. Nada.
Trust me, it's not that complicated.
Interesting, because Wis.
Submitted by Emily Mills on Tue, 2011-03-08 11:52.
Interesting, because Wis. Stat. § 19.90. states that "Whenever a governmental body holds a meeting in open session, the body shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting. This section does not permit recording, filming or photographing such a meeting in a manner that interferes with the conduct of the meeting or the rights of the participants."
http://nxt.legis.state.wi.us/nxt/gateway.dll/Statutes%20Related/Wisconsin%20Statutes/840/902?f=templates$fn=document-frame.htm$3.0$q=[field%20folio-destination-name%3A%2719.90%27]$uq=$x=Advanced$up=1#LPHit1
This is what I'm still trying
Submitted by Emily Mills on Tue, 2011-03-08 11:42.
This is what I'm still trying to figure out. As far as I can guess, these rules only apply to the people in the galleries - which is not where press camps out. Actually, press has been specifically forbidden from going into the galleries at all. So I don't *think* this has anything to do with media coverage of sessions (I hope).
Still, I don't know how legal it is to forbid regular people from recording events.
Press is covered in Rule 25(3)
Submitted by Jesse Russell on Tue, 2011-03-08 11:49.
Rule 25(3) in the Assembly allows press.
Assembly Rule 25 (3)
(3) Representatives of news media that regularly publish or broadcast reports available to the general public who are actively engaged in reporting the proceedings of the assembly, except that during the sessions of the assembly the privilege extends only to the designated press area.
Senate Rule 11 (5)
Submitted by Jesse Russell on Tue, 2011-03-08 11:52.
Senate Rule 11 (5)
(5) All accredited correspondents of the news media, who confine themselves to their professional duties, have the privilege of the floor of the senate, except that while the senate is sitting in session the privilege extends only to the press lobby.
Press
Submitted by Jesse Russell on Tue, 2011-03-08 11:44.
Press could cover before and can still cover now.
Previous Senate Rules
Submitted by Jesse Russell on Tue, 2011-03-08 11:46.
Senate Rule 13m (1)
(1) Shall be quiet at all times.
Senate Rule 13m (2)
(2) Shall be seated at all times.
Senate Rule 13m (3)
(3) May not lean over or put any object over the balcony.
Senate Rule 13m (4)
(4) May not display signs. If an individual brings a sign to the chamber, the sign shall be left in the gallery vestibule.
Senate Rule 13m (5)
(5) May not read books or newspapers.
Senate Rule 13m (6)
(6) May not consume food or beverages.
Senate Rule 13m (7)
(7) May not use tobacco products.
Senate Rule 13m (8)
(8) Shall turn off all cellular telephones and pagers.
Senate Rule 13m (9)
(9) May not use a laptop or other computer.
Senate Rule 13m (10)
(10) May not photograph any of the proceedings in the chamber.
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